Legal Opinion

Smith v. El Paso Gold Mines, Inc.

Colorado Court of Appeals

Decided December 26, 1985No. 83CA1475PublishedCited by 3 opinions

1Opinion of the Court

STERNBERG, Judge.

Defendant, El Paso Gold Mines, Inc., appeals from an order of the district court voiding its redemption of dump rock located on its gold mining claim. We reverse.

Plaintiff, Bruce E. Smith, was a judgment creditor of defendant. In August 1981, pursuant to a writ of execution, defendant’s real property was sold at auction and, later, redeemed by defendant. In March 1983, the judgment not having been totally satisfied, and no certificate of levy having been recorded, plaintiff again sought execution. This time the sheriff was instructed to levy on dump rock located on…

2Cases cited12 opinions

  1. Humphrey's v. United StatesSupreme Court of the United States · 1935
  2. Greenshields v. Warren Petroleum Corp.Court of Appeals for the Tenth Circuit · 1957
  3. Manson v. DaytonCourt of Appeals for the Eighth Circuit · 1907
  4. State Ex Rel. Department of Water Resources v. Superior CourtCalifornia Court of Appeal · 1962
  5. Pettigrew v. W & H DEVELOPMENT COMPANYDistrict Court of Appeal of Florida · 1960

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3Cited by3 opinions

  1. Eden Stone Co. v. Oakfield Stone Co.Court of Appeals of Wisconsin · 1991
  2. Bill Barrett Corp. v. LembkeColorado Court of Appeals · 2018
  3. Kerr v. Australia Pacific Resources, Ltd.Colorado Court of Appeals · 1992

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